SANKUNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) The conviction and sentence of accused in Sessions Case No.246/2003 on the file of the Additional Sessions Court, Fast Track Court No.1, Palakkad for offences punishable under Sections 8(2) and 55(a) of the Abkari Act (for short 'the Act') is challenged in this appeal. He was charge-sheeted by the Excise Range Inspector, Cherpulassery Range on the allegation that on 10.06.1998 at 7 a.m he possessed 2 litres of arrack concealed in MO1 Can of 2 1/2 litres in a Panchayath road in front of the house of one Vijayakumar at Mandazhi Koottala in Pulapetta Desom in Kadampazhippuram II village.

(2.) The prosecution case is that, the Excise party consisting of PW1, the Excise Range Inspector, PW2, the Assistant Excise Inspector and others attached to Excise Range upon getting secret information about the possession of illicit arrack at the place of occurrence, came there at 7 a.m and found the appellant to be in possession of MO1 Can containing 2 litres of arrack. On inspection of the contents, the liquor was confirmed to be illicit arrack. The appellant was immediately arrested at the spot allegedly in the presence of PW3 and another independent witness. 180 ml of sample was collected in a bottle, which according to PWs1 and 2, was sealed and labelled, in accordance with law. The arrestee as well as the contraband liquor were then taken by PW1 to the Range Office and they were produced before the Judicial First Class Magistrate Court, Ottapalam, the next day itself. PW1 himself prepared Ext.P3 Occurrence Report and took steps for forwarding sample to Chemical Laboratory by submitting Ext.P4 forwarding note. PW4, the Excise Inspector who succeeded PW1, conducted the investigation of the case and this included preparation of Ext.P6 Site Plan. PW3, the successor in office submitted final report before the JFCM, Ottapalam after completing investigation.

(3.) The case upon committal came to the Sessions Court, Palakkad from where it was made over to the Additional Sessions Court, Fast Track Court No.1, Palakkad, where the accused denied charges framed against him for offences punishable under Sections 8(2) and 55(a) of the Act.